(Pontificia Universidad Católica del Perú, 2021-11-21) Landa Arroyo, César
Over the last few decades, the relationship of dependence between humans and technology has been progressive and plausible. This has meant a greater use –by the public and private sector– of technological tools such as artificial intelligence and, in particular, algorithms. These last ones enable the performance of everyday activities such as bank transfers and other more complex ones like the early detection of crimes. In this context, the discussion on whether technological criteria should be the only limits in the development of such advances is increasingly growing.In this article, the author analyzes the influence of artificial intelligence and algorithms in various areas of society, emphasizing the risk that these can generate, in terms of fundamental rights, if its application is not limited by the respect of constitutional rights and principles. Additionally, the author evidences the obligation of the State, within the framework of a democratic and social government model, to regulate practices that, making use of technology, are potential instruments of risk to the rights of individuals.
(Pontificia Universidad Católica del Perú, 2021-11-21) Alvarado Escobar, Omar
In this article, the author addresses the issue of net neutrality and its relationship with freedom of speech. Specifically, he studies if net neutrality policies that operate ex ante regulations really have an important and supportive role in the protection of freedom of speech on the internet. Thus, the aim is to review certain premises that support the current regulations that rule net neutrality and the other fundamental rights with which these regulations collide. In that way, the article gives a conceptual framework of the actors in cyberspace; later, it presents the arguments with which net neutrality has been connected with freedom of speech; and, finally, the author makes a critic about the importance that has been given to net neutrality in the protection of freedom of speech and the possible collisions with other fundamental rights that they may have.
(Pontificia Universidad Católica del Perú, 2021-11-21) Díaz Colchado, Juan Carlos; Castro Arequipeño, Andreé
The use of new information and communication technologies in different areas of society is increasing. On one hand, there is no doubt that technology has a positive impact on society.However, on the other, its application cannot be unrestricted, but rather, based on a harmonious reading of the Constitution, it must be limited on the basis of material criteria such as fundamental rights. In this article, the authors analyze the irruption of new technologies –such as big data and algorithms– in the general theory of fundamental rights, delimiting their concepts, foundations, contents, among others. In addition, the authors explore the impact on certain fundamental rights such as personal freedom and privacy. Finally, from a critical point of view, they distinguish when the use of these new technologies in specific situations becomes constitutional or, failing that, unconstitutional.
